Information commissioner asks Supreme Court to rule in Sturgeon document disclosure

The Scottish Information Commission is taking the Scottish Government to the Supreme Court over a refusal to disclose documents relating to an inquiry into Nicola Sturgeon.

Ministers had refused to provide the information following a freedom of information request from a member of the public.

That request was for internal emails, messages and other communications relating to the James Hamilton inquiry into whether the former first minister had breached the ministerial code over meetings and calls she had with her predecessor, Alex Salmond, after harassment accusations against him emerged.

Ministers had initially denied the request in full, but were ordered by David Hamilton, the information commissioner, to release the information.

Ministers appealed that call at the Court of Session, with judges ruling some information was covered by legal privilege and therefore did not have to be disclosed.

The Scottish Government had earlier published some of the information requested, following the intervention by the commissioner.

But Hamilton has now announced he is seeking permission to appeal the Court of Session’s ruling on the appeal, arguing it gave “legal professional privileged information a status beyond that afforded” by freedom of information laws.

He said: “My decision to seek leave to appeal this ruling to the Supreme Court has not been taken lightly. It is my view that this ruling runs contrary to the parliament’s clear intention behind the FOI Act.

“There are significant implications and risks placed on the public’s right to access information because of this ruling – it is therefore clearly in the public interest that I seek to challenge this at the Supreme Court.”